The Forest Service battles placer mining with an obscure law

The North Fork Clearwater River, Idaho, where the Forest Service is fighting mining under a law that allows it to prioritize other uses.

Linda Lantzy/Idahoscenics.com

On a clear day last October in northern Idaho, Forest Service geologist Clint Hughes panned for gold on the North Fork Clearwater River. The area attracted gold prospectors in the 1860s, but these days, the river, which flows through a wild stretch of country near the Montana border, is popular with campers and anglers.

Hughes scooped up a bit of placer -- mineral-bearing gravel and sand -- from behind a boulder. With a swish of the pan, he washed away the mud and lighter sand, leaving only a few garnets.

The absence of gold flakes didn't surprise him, though. The day's panning confirmed that little gold is to be found on more than a dozen placer mining claims staked along a 30-mile stretch of the North Fork. These claims grant holders exclusive rights to any valuable minerals. But the Forest Service is now arguing that mining the claims isn't worth the impacts to the river.

The Forest Service's ability to deny mining proposals is severely limited by the 1872 General Mining Law, a frontier remnant that prioritizes mining above all other land uses. But another, little-known law gives it a straightforward way to prevent mining in at least a few locations. The Mining Claims Rights Restoration Act of 1955 lets the federal government challenge placer mining in locations that it once reserved as potential hydropower sites. And on the North Fork, the law is giving the Forest Service the upper hand. "We wouldn't be doing any of this (contesting placer mining) if it were under the regular old 1872 mining law," says Hughes.

The Department of Interior began reserving certain river-valley public lands for hydropower development in 1909, as dam building in the West was revving up. In these "power site withdrawals," mining was restricted. But in 1955, as dam-site exploration slowed, the Mining Claims Rights Restoration Act eased the restrictions, with a caveat: The Forest Service and Bureau of Land Management could reject placer mining if it would "substantially interfere with other uses" like recreation.

Although the law applies to more than 7 million acres of public land -- roughly three times the size of Yellowstone -- it hasn't come up often because placer mining techniques like panning are generally low-impact, and because relatively few claims fall in these sites. In California, with its abundant rivers once rich in gold, roughly 4 percent of mining claims are subject to the 1955 law; in dry Nevada, where big hardrock mining dominates, the law is practically unknown.

But in recent years, placer mining has become more popular, spurred by gold prices as high as $1,900 per ounce, and more controversial. To squeeze gold from streams, miners have turned to suction dredging, which uses motors to suck up riverbed sediments and wash out the gold, discharging the muddy water back into the stream. Miners say the practice does little harm, but studies suggest that it damages fish-spawning habitat. California banned suction dredging in 2009; Idaho restricts it on certain rivers.

The Forest Service and BLM can regulate placer mining by applying environmental laws piecemeal to protect habitat, water and cultural artifacts. But both agencies generally view the 1872 law as constraining their ability to restrict mining on public lands.

In the handful of cases involving potential hydropower sites, however, the agencies have argued under the 1955 law that timber harvest, fish habitat, even aesthetic value, outweigh mining -- and in most cases, they've won. In 2002, the Forest Service was able to prohibit all placer mining on a section of the Yellowstone River because the activity would interfere with rafting.

On the North Fork Clearwater, the scuffle started last June, when a few miners subdivided larger 160-acre claims and sold the parcels on eBay and other auction websites. River recreationists complained to the Forest Service when miners nailed signs to trees to stake out the subdivided claims, most of which were 10 or 20 acres. The agency called for a hearing, which was held in January before the Department of Interior Office of Hearings and Appeals, and argued that the miners would push out campers and anglers and harm critical habitat for bull trout, a threatened species. Larger-scale placer mining could destroy Native American artifacts in the riverbanks, the agency stated, and would hamper efforts to designate the North Fork as a Wild and Scenic River. Miners didn't defend 20 of the 36 claims; the ongoing legal sparring over the remaining 16 claims will end in the judge's decision sometime this summer.

Some would-be miners, like James Young, see the Forest Service's move as a federal land grab. He bought a claim on eBay with hopes of retiring to Idaho from Biloxi, Miss., and supplementing his income with suction dredging. At the OHA hearing in Idaho, he argued that Hughes underestimated the value of the gold and complained that the miners would receive no compensation if the Forest Service wins. Others have applauded the agency for taking a stand. Gary Macfarlane, ecosystem defense director with Friends of the Clearwater, says, "This is an example where I think the Forest Service is really looking out for the public interest."

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Miners and recreational people can easily co exist.I have a claim on the Merced River which is located in the Wild and scenic section..while i dredge many hikers and rafters stop and talk ..i always have extra pans for those who,want to try their luck.. "" Miners say the practice does little harm, but studies suggest that it damages fish-spawning habitat. California banned suction dredging in 2009; Idaho restricts it on certain rivers. ""Please name and reference the studies,,California banned dredging in all rivers allegedly to save the Co Hoe Salmon. The legislatures in both houses failed Geography ..Most California RIVERS NEVER REACH THE OCEAN..

Page updated 4/08/2013Legislative Status"The legislature and Governor have enacted SB 1018. A part of this legislation applies to suction dredge mining.The law requires the California Department of Fish and Wildlife to report to the legislature on suggested legislative changes and a fee structure, among other requirements. The previously established date of June 30, 2016 for the current moratorium on suction dredge mining to end has been removed from law. Suction dredging, including the method known as “booming”, is prohibited within 100 yards of any California river, stream or lake (Fish & G. Code, § 5653 subd. (d).)."

PDF files at the link above give the Fish and Wildlife statement to the legislature, including their final statement of reasons, and the Final Subsequent Environmental Impact Report (FSEIR)

Marshall Swearingen

Jun 20, 2013 02:50 PM

Earlier this month, an administrative judge ruled in favor of the Forest Service. The judge's decision states: "The evidence has established that the claims do not contain sufficient gold values to warrant further exploration. But even if the claims could produce a profitable mine, full-scale placer mining would substantially interfere with other substantial recreational and cultural uses. Further the evidence established that the recreational and cultural uses have more importance on economic and cultural grounds than does placer mining (sic). Therefore, I conclude that the evidence justifies an order completely prohibiting placer mining on the land covered by the claims."

vince bandola

Jul 28, 2015 10:12 PM

#1 Merced river no further up then snelling is accessible to salmon, the river stops at Mcswain lake and theres a dam there but they hand spawn the salmon in snelling. The merced river goes from there all the way to yosemite, salmon can not access, so lets clear that up, most of merced river is already wild and scenic but there are still gold claims grand fathered in but very few and there used to be several areas for public dredging and we payed for access to them each day and the camp sites and gas in Mariposa and food, drinks ice etc. The EIR reports found no deleterious damage, the reason dredging was shut down is because a rider bill got put into the DFG budget at the last minute stating the state of california could not afford the dredging program thats how it got done, thats how things end up getting done, environmental groups LOBBY politicians with promisses of money if they'll do some dirty work for them. Whats being ignored here are human rights, laws set down by congress, there have always been regulations surrounding dredging that were fare and sound, we followed those regulations in rivers where salmon spawn, by the way theres very few people, theres plenty of creeks and streams we dredged in where we made nice deep pools for fish to thrive. I can guarantee I have never killed a fish, I have cleaned the river of mercury and lead. No what this is ALL ABOUT is environmentalists have found ways to lobby politicians, found ways to have other people rights removed by BS science and lies, many are now working in government agencys and just watch how everything goes to $hit, i always say environmentalism is a double edged swored, look at plastic bags, look at the light build now that have mercury in them so we can save a little energy, look at our forests that you wanted to save for the spotted owl which is now closer to extinction then ever and our wasted resources that burn up in enoromous forest fires because of the lack of logging. Nothing you people do is right, you think your saving something when all your doing is destroying. One of our biggest opponents The Sierra Fund is now dredging for gold in lake Combie, they say they're cleaning up the mercury but thats another lie they are after the gold, the dredge they're using is worthless also you people are all worthless garbage think you know whats best, no your all double edged swords........